Stokes

The defendant was convicted of the crime of robbery, and prosecutes this appeal from the judgment, as well as from an order of the court denying his motion for a new trial.

The case was tried upon the theory that defendant Stokes, a man by the name of Kincaid, and one Mart Bennett formed a conspiracy to commit the robbery. The latter was called as a witness and testified on behalf of the prosecution. It appears from his testimony that he was a self-confessed, active participant with defendant in the commission of the crime.

The facts, briefly stated, are that on the night of October 18, 1905, one Owen Connolly was robbed in the back yard of the Visalia House in the city of Visalia. He had on the day before come to Visalia from Millwood, where he had been working, and had brought with him the proceeds of his labor consisting of several hundred dollars. There was adjoining the office of the Visalia House a saloon and bar, and at the time William Kincaid was the bartender in charge thereof. During the evening of October 18th, Connolly spent most of his time in this bar, and it seems became quite well acquainted with Kincaid, and the latter had learned of the fact that Connolly had…